If you do not agree to these Terms and Conditions, please do not access or use the Mobil app or any functionality thereof.
Note 1: The Mobil app may only be used by a person who is 18 years old or over. If you are under 18 years old please do not use this app or send us any personal data (e.g.: your name, age, address or email address).
The Mobil app is currently made available to you free of charge only for personal, non-commercial, non- exclusive use. Mobil reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently to: (a) modify, suspend, terminate, withdraw, or discontinue all or any part of the Mobil app without compensation to you, including, but not limited to (i) restricting the time all or any part of the Mobil app is available, (ii) restricting the amount of permitted use of all or any part of the Mobil app, and (iii) restricting or terminating any user's right to use all or any part of the Mobil app; or (b) offer opportunities to some or all users of all or any part of the Mobil app. You agree that neither Mobil nor any of our affiliates shall be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the Mobil app, in whole or in part, or of any service, content, or feature offered through the Mobil app.
The Mobil app (including, without limitation, any material, software, code, files, content, and images contained in or generated by the Mobil app, accompanying data, and other embedded software, including third-party software, Mobil app updates and upgrades, (collectively " Mobil Content")), — whether in read-only memory, on any other media, or in any other form — are owned by Mobil or its licensors and are protected by applicable law. No title or any intellectual property rights are transferred to you.
In addition, MOBIL, Synergy Fuel Technology, Mobil Smiles Driver Rewards and certain other brands and trademarks, ("Mobil Marks") are marks of Mobil or one of its affiliates. Third party marks displayed on the Mobil app are owned by their respective owners.
Mobil Content is protected by copyright. No Mobil Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, or distributed except as expressly permitted by this Agreement. Use of Mobil Content in any way or for any purpose other than as permitted in this Agreement is a violation of Mobil's or an affiliate's copyrights or other proprietary rights. Permission writing for all other uses of Mobil Content must be obtained from Mobil in advance. All content, graphics, and other intellectual property rights, in each case, whether registered or unregistered, other than the marks of third parties, and related goodwill are the property of Mobil.
You understand that you have no rights to the Mobil app, Mobil Content, Mobil Marks, or any other Mobil property except as indicated in this Agreement. Mobil reserves all other rights with respect to its intellectual property.
Solely to enable your use of the Mobil app for non-profit making, non-exclusive purposes, subject to third-party terms (as described below) Mobil hereby grants you a limited, revocable, non-sub-licensable license to use the Mobil app as provided in this Agreement. This license entitles you to install the Mobil app on your Device and to use the Mobil app subject to this Agreement. Further, this Agreement does not grant you any rights to use Mobil's proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Mobil app. Any use of the Mobil app in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the Mobil app or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the Mobil app is prohibited.
While using the Mobil app, Mobil may record information including, but not limited to, your geographic location, Device address, type of Device, your Device's unique ID, the IP address session start and stop times, network status and information about the way you use the Mobil app ("Device Information"). Your use of the Mobil app constitutes your consent to allow Mobil to process and record your Device Information.
In order to use certain features of the Mobil app, you must register by providing Mobil with certain User Content, as requested by Mobil, including your name, email address, and a password. Mobil reserves the right to refuse registration or cancel a user name or an account, in its sole discretion. You agree as follows:
You agree as follows:
We reserve the right in our sole discretion to refuse, delete, suspend, or terminate—without notice— your access to or use of the Mobil app upon a violation or attempted violation of this Agreement, including, without limitation, any of the rules listed above. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities that violate this Agreement if such use of another company's service could reasonably be expected to adversely affect the Mobil app in any manner.
The Mobil app may allow you to enter, post, submit, or link to certain content (including, for example, text, data, software, photographs, images, graphics, files, videos, audio, sound, music, messages, materials, works of authorship, etc.) and provide certain comments, ratings, and reviews for others to see (collectively "User Content"). Mobil does not claim any ownership rights in any User Content that you enter, post, submit, provide, or link to on or through the Mobil app. By entering, posting, submitting, providing, or linking to User Content on or through the Mobil app, however, you grant Mobil and Mobil hereby accepts a worldwide, perpetual, irrevocable, non-exclusive, transferrable, sub- licensable, fully-paid up, and royalty free license to use, sell, reproduce, create derivative works from, combine with other works, alter, modify, delete from, add to, translate, distribute copies, display, perform, and publish the User Content and your name in connection with such use of your User Content in any and all media and in any manner, in whole or in part, without any restriction or responsibilities to you. In addition, by entering, posting, submitting, providing, or linking to User Content, you hereby release Mobil from any claims that such use, as authorized above, violates any rights which you may have under applicable law, and you understand that you will not be entitled to any compensation for any use of your User Content. Further, by entering, posting, submitting, providing, or linking to User Content, you hereby represent, warrant, and agree as follows:
The Mobil app requires use of the internet through a mobile signal or wireless internet connection to operate correctly, thus the availability of the Mobil app may be affected by factors beyond Mobil's control. Mobil does not accept responsibility for unavailability of the Mobil app. Further, the terms of your agreement with your respective mobile network provider apply when using the Mobil app. You may be charged by your mobile provider for access to network connection services for the duration of the connection while accessing the Mobil app. All such charges are your responsibility.
In addition to the other provisions of this Agreement, the following terms and conditions apply to software applications made available by Mobil, such as the Mobil app, that are intended to be operated in connection with products made commercially available by Google LLC (“Google”) via the Google Play Store (each, an “Google-Enabled application”):
In addition to the other provisions of this Agreement, the following terms and conditions apply to software applications made available by Mobil, such as the Mobil app, that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple") (each, an "Apple-Enabled application"):
From time to time, we may send you via app notifications information on special offers and news relating to Mobil generally, unless you opt-out of receiving such communication when you register to use the Mobil app or through the account settings within the Mobil app.
You expressly acknowledge that use of the Mobil app and any loss of data or damage to your Device is at your sole risk.
Mobil hereby disclaims all warranties and conditions, express or implied, with respect to the Mobil app and your downloading and use of the Mobil app. Mobil does not warrant against interference with your enjoyment of the Mobil app, that the operation of the Mobil app will be uninterrupted, or error-free, or that any defects in it will be corrected.
Mobil does not endorse or recommend any person, organization, name, product or service concerning or supplied by any third party and referred to in all information stored on or receivable through the Mobil app ("Information"), nor does the Information constitute Mobil's views or opinions. Mobil will not be a party to any transaction between you and any third party in any way relating to the Information or made through the Mobil app unless and only to the extent expressly stated in writing otherwise.
To the extent not prohibited by law, in no event shall Mobil be liable for personal injury, loss of profits, loss of data, loss of business, business interruption, procurement of substitute goods or substitute services, or any other commercial damages or losses, or any incidental, special, indirect, consequential, or punitive damages whatsoever, arising out of or related to your use or inability to use the Mobil app, however caused.
Save in respect of claims for fraudulent misrepresentation and death or personal injury caused by the negligence of Mobil or an affiliate or their respective employees or contractors, in no event shall Mobil's total liability to you for all damages (other than as may be required by applicable law) exceed one hundred US dollars (US$100).
You understand that you are personally responsible for your use of the Mobil app and for all User Content provided using your account. Accordingly, you agree to indemnify, defend, and hold Mobil and its affiliates and their officers, directors, employees, and agents harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that Mobil may incur in connection with a third-party claim, or otherwise, in relation to your use of the Mobil app, your User Content or your violation of either this agreement or the rights of any third party.
We reserve the right not to accept any use of the Mobil app or otherwise limit use of the Mobil app if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.
Mobil uses commercially reasonable security measures to protect your User Content and your account information and has security measures in place to help protect against the unauthorized access of personally identifiable information under our control. We utilize both online and offline security methods, including firewalls, passwords, and restricted physical access to the places where your information is stored to help protect personally identifiable information.
This Agreement is governed by and is to be interpreted in accordance with the laws of the Guam and/or the Commonwealth of the Northern Mariana Islands and in the event of any dispute arising out of or in connection with this Agreement or any dispute arising in relation to the Mobil app, the courts of Guam and/or the Commonwealth of the Northern Mariana Islands will have exclusive jurisdiction over such dispute.
This Agreement is the entire agreement between you and Mobil. It supersedes and replaces any and all prior agreements between you and Mobil relating to your use of the Mobil app. The failure of Mobil to exercise or enforce any right of this Agreement shall not operate as a waiver of such right. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or unenforceable by a court, that provision is deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions. We can change this Agreement at any time, and your continued use of the Mobil app after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Mobil app or through email communication to the registered account holder.
If you have any questions or concerns about the Mobil app you may contact us at:
Tel: 1-866-486-6696 (Guam) or Tel: 1-866–486-7751 (Saipan) or
Mobil Oil Guam Inc., P.O. Box 326549, Hagåtña, Guam 96932 or
Mobil Oil Mariana Islands Inc., PMB 236 PPP, Box 10000, Saipan, MP, 96950
(Operating hours: 10am to 7pm, Mondays to Fridays, closed on weekends and public holidays)
Email: GU.Contactus@mobilsmilesrewards.com (Guam) or